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Reasons
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(영문) 수원지방법원 성남지원 2014.05.15 2014고합55
특수강도
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2014, at around 23:00 on March 2, 2014, the Defendant borrowed money from a credit service provider to pay off money and gave a demand notice for payment of debts because he did not pay it. On March 3, 2014, the Defendant sought to confirm that he had been working for only one employee while purchasing Chewing, and attempted to force his employees by threatening the payment of money and valuables.

Since then, the Defendant prepared excessive arrest, etc. in the Defendant’s house located in the Hanam-si, Hanam-si to commit the crime on March 3, 2014, and entered the E Convenience on March 3, 2014, with excessive (24 cm in length) to the left hand and present it to the Defendant G (24 cm in length) who is an employee of the Kabter, who was an employee of the Kabter, and "in Habter". After threatening the Victim G, the Defendant got cash of KRW 1,324,00 stored in the Kabter’s bank from the victim G to enter the warehouse in the convenience store, and got out of convenience points.

Accordingly, the defendant took the property of others by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer in D or G;

1. Image photographs of CCTV inside a damaged place;

1. Application of Acts and subordinate statutes No. 1 and 2;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant color the convenience point of his/her employee mixed, prepared and planned to commit the crime of this case in advance, and the nature of the crime is not good by carrying a deadly weapon.

However, the defendant shall pay the amount of damage and only agree with the victims.

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